Fair Cardholder Agreement
IMPORTANT ‐ PLEASE READ CAREFULLY
FOR QUESTIONS OR ASSISTANCE, PLEASE CALL THE CUSTOMER SERVICE TOLL‐FREE
NUMBER 844-333-3107 PRINTED ON THE BACK OF YOUR FAIR MASTERCARD® DEBIT CARD.
- OPENING A BANK ACCOUNT AND CARD ACCOUNT (IDENTIFICATION VERIFICATION)
- ADDRESS OR NAME CHANGES
- ACESS TO SERVICES, MEMBERSHIP FEE, AND TRIAL MEMBERSHIP
- CANCELLING YOUR FAIR TRIAL MEMBERSHIP
- RIGHT TO SET-OFF
- AUTHORIZED USERS
- SECONDARY CARDHOLDER
- PERSONAL IDENTIFICATION NUMBER
- CASH ACCESS
- LOADING YOUR BANK ACCOUNT
- USING YOUR CARD/LIMITATIONS
- PREAUTHORIZED DEBITS AND CREDITS
- RIGHT TO STOP PAYMENT AND STOP PAYMENT PROCEDURES.
- NOTICE OF VARYING AMOUNTS
- LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFER
- FRAUDULENT OR CRIMINAL CARD ACCOUNT OR BANK ACCOUNT ACTIVITY
- RETURNS AND REFUNDS
- CARD REPLACEMENT
- TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
- BANK ACCOUNT BALANCE/PERIODIC STATEMENTS
- OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
- INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS
- LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS
- YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
- THIRD PARTY PROVIDERS
- ENGLISH LANGUAGE CONTROLS
- AMENDMENT AND CANCELLATION
- UNCLAIMED PROPERTY
- DELIVERY OF ELECTRONIC COMMUNICATIONS-E-SIGN CONSENT DISCLOSURE
- CUSTOMER SERVICE
- TELEPHONE MONITORING/RECORDING
- NO WARRANTY REGARDING GOODS AND SERVICES
- SIGNIFICANCE OF ARBITRATION
- FEE SCHEDULE
1. OPENING A BANK ACCOUNT AND CARD ACCOUNT (IDENTIFICATION VERIFICATION)The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Bank Account and Card Account. What this means for you: When you open a Bank Account and Card Account, we will ask for your name, street address, date of birth, and other information that will allow us to reasonably identify you, including, but not limited to, your social security number or other tax identification number. We may also ask to see your driver’s license or other identifying documents at any time. The same identification verification requirements apply to any Secondary Cardholder if you designate one.
2. ADDRESS OR NAME CHANGESYou are responsible for notifying us of any change in your physical address, mailing address, e‐mail address, text message address, or your name, no later than two (2) weeks after said change becomes effective. Any notice of change of address or name required by this Agreement may be provided to us via e‐mail at [email protected], by telephone at 844-333-3107, or by mail to: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
3. ACCESS TO SERVICES, MEMBERSHIP FEE, AND TRIAL MEMBERSHIPAccess to Services. Your Fair Bank Account, Fair MasterCard® Debit Card, and access to other fair products and services is contingent on you having active membership with Fair and paying your Membership Fee. Membership Fee. You will have the ability to choose between paying an Annual Membership Fee or a Monthly Membership Fee, the Details of both options can be found in the section of this document titled “FEE SCHEDULE.” You may provide a Debit or Credit card you would like your Membership Fee to be charged to (“Authorized Card”), otherwise it will be debited from your Fair Bank Account.
- Unpaid Membership Fee: If your membership fee is unable to be paid from your Authorized Card, the balance of Fair your Bank Account, or the balance of any Wealth Building Account or Supplemental Card Account you may have for a period of fifteen (15) days or longer we will close your account and your access to the Fair Bank Account, Fair MasterCard® Debit Card, and other Fair products and services will be ended. We will attempt to notify you electronically in advance of any such closure.
- Trial Membership Limitations. Your Trial Membership including Your Fair Bank Account, Fair MasterCard® Debit Card, and access to other Fair products and services will be closed if no deposit of at least $1.00 is made to your Bank Account during the Trial Period. You will be provided access to a virtual Fair MasterCard® Debit Card when your Trial Membership begins and a physical card will be mailed to you once a deposit of at least $1.00 is made to your Fair Bank Account.
5. RIGHT TO SET-OFFYou grant and consent to a lien on your funds on deposit with us or Fair and any dividends due or to become due to you from us or Fair to the extent you owe on any unpaid Negative Balance, Credit Card, Loan, or Membership Fee. If such funds on deposit or dividends due are owned jointly, our right of set-off extends to any amount owed to us and funds jointly owned with any supplemental owners.
6. AUTHORIZED USERSYou are responsible for all authorized transactions initiated and fees incurred by use of your Bank Account and Card Account. If you permit another person to have access to your Bank Account, Card, Card Number, or Personal Identification Number (“PIN”), we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You must notify us to revoke permission for any person you previously authorized to use your Bank Account, Card, Card Number, or PIN. If you notify us to cancel another person’s use of your Bank Account, Card, Card Number, or PIN, we may close your Bank Account and Card Account and issue a new Bank Account and / or Card to you with a different number. You are wholly responsible for the use of the Bank Account and Card Account according to the terms and conditions of this Agreement.
7. SECONDARY CARDHOLDERYou may request an additional Card for a Secondary Cardholder. The maximum number of such additional Cards is one (1). You must notify us to revoke permission for any Secondary Cardholder you previously authorized to use the Card. If you notify us to revoke the Secondary Cardholder’s use of the Card, we may close your Bank Account and Card Account and issue a new Bank Account and Card to you with a different number. You remain liable for any and all use of any additional Card(s) you authorize.
8. ACTIVATION/REGISTRATIONBoth the Primary Cardholder and Secondary Cardholder must activate and register a Card before it can be used. Your Card Account may not have full functionality (e.g., no international transactions and no Account‐to‐Account transfers), nor will you be able to access Card Account funds exceeding the dollar value established by either federal regulations and/or the Issuer (the “Excess Funds”) or reload your Card Account until your Card has been successfully registered. You may activate and register your Card by calling 844-333-3107 or by visiting www.bankwithfair.com. You will need to provide personal information in order for us to verify your identity and the identity of any Secondary Cardholder. If we cannot successfully complete the activation/registration process, you will be entitled to receipt of any Excess Funds remaining in the Bank Account by way of a Check Refund, for which the fee, disclosed in the section labeled, “Fee Schedule,” will be waived. We may, from time‐to‐time offer other no‐cost methods through which Excess Funds can be made available to you.
9. PERSONAL IDENTIFICATION NUMBERYou will not receive a PIN with your Card Account; however, you will receive a PIN once you have registered your Card with your personal information. Only one (1) PIN will be issued for each Card Account. Your PIN can be used to obtain cash (see section labeled “Cash Access”) or to make purchases at any Point‐of‐Sale (“POS”) device that bears the MasterCard®, Maestro®, Cirrus®, or PULSE® acceptance mark. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, including a Secondary Cardholder, you should advise us immediately by following the procedures described in the section labeled “Your Liability for Unauthorized Transfers.” To register your Card, see the section labeled “Activation/Registration.”
10. CASH ACCESSWith your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any POS device, as permissible by a Merchant, bearing the MasterCard®, Maestro®, Cirrus®, or PULSE® acceptance mark. ATM transactions are treated as cash withdrawal transactions. Any cash withdrawn from an ATM terminal, POS device or through a participating bank or Issuer-approved Reload Network location (a “Teller Cash Withdrawal”) will be subject to the limitations set forth in the section below labeled “Using Your Card /Limitations”). ATM withdrawals may also be subject to varying daily limits at the ATM owner’s discretion. A fee may be associated with the use of your Card to obtain cash. For information about the fee, see the section labeled “Fee Schedule.” Please be aware that the ATM owner or operator, Merchant, or Reload Network may charge a fee (often referred to as a “Surcharge Fee”) IN ADDITION to any fee that we charge for cash access.
11. LOADING YOUR BANK ACCOUNTYou may add funds to your Bank Account, called “value loading.” Your initial value load must be at least $10.00. The minimum dollar value of any subsequent value loads will be subject to the terms established by the individual reload location (see (a) in the following paragraph). Please refer to the section labeled “Using Your Card/Limitations” for applicable limits on the number of times you can value load your Card Account and limits to the amount that can be loaded to your Card Account. The calculation of these limits may take into consideration all similar transactions made with any other Card Account(s) you may have with us, whether you are a Primary Cardholder or a Secondary Cardholder. You may value load your Card Account: (a) using in‐store cash value load transactions conducted through any member of the Fair Reload Network (see below in this section for more information about the “Cash Reload Network”); (b) by arranging to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer direct deposited to your Card Account using the Automated Clearing House (“ACH”) system (“Direct Deposit” or “ACH Deposit”). In order to receive Direct Deposit value loads, you must provide each of your payment providers with the Issuer’s routing number and your assigned Account Number (see below for details about routing information); (c) by utilizing the Fair Remote Deposit Capture service (the “Remote Deposit Capture Service” as further described below within this section) that allows you to deposit a check into your Account from anywhere with cellular data connectivity by using the Fair Mobile Application and your smart phone or other mobile device to take and send an Electronic Image of the item; (d) transferring funds using the ACH System from another bank account that you own to your Fair Bank Account; and (e) by arranging for the transfer of funds originating from: (i) another Cardholder; and/or (ii) another Card Account. There may be fees associated with these methods of value loading. For information about the fees, see the section labeled “Fee Schedule.” Personal checks, cashiers’ checks, and money orders sent to the Issuer are not acceptable forms of value loading. All checks and money orders sent to the Issuer for Card Account loading will be returned unless your Card Account has a negative balance at the time such check or money order is received, in which case the Issuer may in its discretion choose to apply the check or money order proceeds to the negative balance owed.
- CASH RELOAD NETWORKYou will typically have access to funds loaded to your Card Account via direct deposit on the effective date for such direct deposit. Loading your Bank Account will be subject to the limitations set forth in the section below labeled “Using Your Card /Limitations”). We reserve the right at our sole discretion to amend these limits from time to time. We reserve the right to accept or reject any request to load or reload value to your Bank Account at our sole discretion. You may use your Card to load your Bank Account with cash via a GreenDot® MoneyPak® at approved GreenDot reload network merchants. Please note that GreenDot or the individual in-store reload location that you choose may impose limits that are different than ours. In such case, the more restrictive limits shall apply. You will typically have access to funds you load to your Bank Account via cash within one (1) hour of such load. A Fair Reload Network Location Finder service is available by visiting bankwithfair.com or by calling 844-333-3107.
- REMOTE DEPOSIT CAPTURE SERVICEEligibility Requirements. In order to be eligible for and use our Remote Deposit Capture service, you must be an accountholder in good standing, a mobile device holder, and a mobile banking customer. System Requirements. To use Remote Deposit Capture, you must have a mobile device with an enabled camera and service plan that includes data and Internet access. Third party fees may apply for data and Internet access. Contact your smart phone device carrier for additional information. You must also have the Fair Fintech Corp Mobile Application installed on your mobile device. The Fair Fintech Corp Mobile Application can be downloaded from your device’s application store. The Operating System version must be compatible with the latest version of the application. Requirements for Electronic Images. Prior to creating an Electronic Image of a check, you must add the words “Mobile Check Deposit to Coastal Bank FBO Fair Fintech Account Holder Payee Listed on Front,” your Card account number, and your signature endorsement to the back of the check, or as otherwise instructed by us. You understand these endorsement instructions are our requirements and you agree to follow these requirements for all checks. An “Electronic Image” must contain: (i) a complete, legible and accurate image of the paying bank’s pre-printed information, MICR encoded information, the name of the payee and the payment amount information; and (ii) a complete, legible and accurate image of the back of the check showing the words “Mobile Check Deposit to Coastal Bank FBO Fair Fintech Account Holder Payee Listed on Front,” your Card account number, and your signature endorsement. Upon transmitting the check, you agree not to allow the item to be deposited or presented for payment more than once, to the extent that it could result in payment of the check more than one time. You will also not allow the transmission of an imaged item which has already been presented to us, or to any other financial institution, by any other means. The following check items are NOT accepted for deposit through the Mobile Deposit service: a) Items displaying a “non-negotiable” or “void” notation or watermark; b) Items containing an alteration on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; c) Items dated more than six (6) months prior to the date of deposit; d) Items previously converted to a substitute check or items that are remotely created checks as defined by Federal Reserve Board Regulation CC; e) Electronically created items (such as an item that did not exist in paper form); f) Items issued by or through a financial institution in a foreign country; g) Items not payable in United States currency; h) Items with incomplete, inconsistent, or illegible information; i) Items that are money orders, traveler’s checks or savings bonds; j) Items made payable to a third party (i.e., any person or entity other than you – including third party checks endorsed over to you); k) Items that are in violation of any federal or state law, rule, or regulation. l) Checks or items prohibited by our current procedures relating to the Remote Deposit Capture service or are otherwise not acceptable under the terms of your Credit Union account; m) Items payable to “Cash”, “Fair”, or “Coastal Community Bank”; n) Items payable to two (2) or more persons not alternatively, unless deposited into an account owned by all payees; o) Items that are postdated (dated in the future); or p) Items with any endorsement on the back other than what is specified in this Agreement (or missing any of the required information). You understand and agree that you are not permitted to deposit the foregoing items and doing so may result in a breach of the warranties you provide to us and could result in your obligation to indemnify us. You agree to follow any and all other procedures and instructions for use of the Remote Deposit Capture service as Fair may establish from time to time. Transaction Limitations. The Fair Remote Deposit Capture Service is subject to the limitations listed below in the “Limitations on Use” Section and corresponding table. We reserve the right to modify this limit from time to time at our sole discretion. Our Right to Audit. We may periodically audit your individual transactions and use of the Remote Deposit Capture service to verify your compliance with this Agreement. You agree to cooperate with any such audit and to provide, at your expense, such information or documents as we may reasonably request. Processing Electronic Images. We will review each Electronic Image received to determine whether it is eligible for processing. If eligible, we will: (a) present the Electronic Image directly or indirectly to the bank on which the original check is drawn or through which the original check is payable (“Paying Bank”); (b) create a substitute check that we will present directly or indirectly to the Paying Bank; or (c) if we are the Paying Bank, present or post the Electronic Image. If we determine for any reason that the Electronic Image is illegible, incomplete, or otherwise ineligible for processing, we will require you to present the original item for deposit. It is your responsibility to retain the original item for a reasonable period to ensure that it is properly credited to your account. We are not responsible for errors in Electronic Images that may prevent or delay the deposit of funds into your account. We are not responsible for any image that we do not receive for any reason, including transmission interruptions. All deposits are subject to later verification by us. We may return or refuse to accept all or any part of a deposit to your Account using the Remote Deposit Capture service at any time and will not be liable for doing so even if such action causes checks or other debits to your Account to be dishonored and returned. You are solely responsible for paying any overdraft or insufficient funds (NSF) fee charged by us or any third party as a result of our rejection of any item(s), or for any item(s) returned unpaid. Funds Availability, Cut-Off Time, and Credit to Your Account. Items transmitted using the Remote Deposit Capture service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC, and therefore longer hold delays may apply to these deposited items. Deposits received before 4:00 p.m. PST on a business day that Coastal is open (a “business day” is any day except Saturdays, Sundays and holidays) will be credited to your account on the first (1st) business day after the day we receive your deposit. Deposits received after 4:00 p.m. PST on a business day we are open will be credited on the second (2nd) business day after we receive your deposit. Funds that you deposit using the Remote Deposit Capture service may not be immediately available to you. Fees. All fees or charges associated with the Remote Deposit Capture service are disclosed in our Fee Schedule, as amended from time to time, which is attached hereto. At any time, in our discretion, we may add to or modify disclosed fees, subject to any prior notice requirements under applicable law (see Amendments). Your continued use of the Remote Deposit Capture service after the change becomes effective shall constitute your agreement to pay the disclosed fee. You hereby authorize us to charge such fees to your account or any other account you maintain with us in the event there are insufficient available funds in the account to which any transfer was made. Record Retention. It is your responsibility to ensure the safekeeping or destruction of the original item after the item has been transmitted. You should securely store each original check(s) for a period of sixty (60) days. Please note that you are solely responsible for the security and storage of the original checks and you are solely liable for the loss or misappropriation of any checks or the re-presentment of any checks for payment. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your account or the transfers you make: a) When it is necessary to complete the transaction; b) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; c) In order to comply with government agency or court orders or other legal process, or d) If you give us your prior oral or written permission. Your Warranties and Indemnification. By using the Remote Deposit Capture service, you represent and warrant all of the following to be true with respect to each image of an original check transmitted: a) The item transmitted is a complete, accurate and unaltered item payable to you, that it originated as a paper item, that you are legally entitled to negotiate it, and the drawer/payor of the check has no defense against payment of the check. b) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. c) You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. d) The original check has not and will not be: (i) deposited; (ii) endorsed to a third party; or (iii) otherwise negotiated or submitted for payment to any financial institution, after transmitting the digital image through the Remote Deposit Capture service. e) No person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid. f) No other duplicate images of the original check have been made. g) You have possession of the original check deposited through the service and no party will physically submit the original check for payment. h) The electronic image of the check, or any substitute check as defined by federal law, will become the representation of the check for all purposes (except funds availability) including return item processing. i) Any files and images transmitted to the Credit Union will not contain any viruses or any other disabling features that may have an adverse impact on the Credit Union’s network, data, or related system. j) You have not failed to communicate any material information to the Credit Union. k) You will not attempt to deposit or otherwise negotiate any original check that you have previously presented to us as an Electronic Image through the Remote Deposit Capture service. You will not attempt to present a duplicate Electronic Image. l) You have followed our endorsement requirements for the item. You agree to indemnify, defend, and hold us, our directors, officers, employees, and agents harmless for any losses, liabilities, damages, claims, costs, or expenses (including reasonable fees) arising from its reliance on these representations and warranties, as well as any of the following: a) Any negligent or intentional act or omission by you in the performance of your obligations under this Agreement. b) Calculation or data entry errors made by you. c) Any material breach of this Agreement or violation of any applicable law, statute, or regulation in the performance of your obligations. d) Your failure to securely maintain your hardware, your security credentials, or to securely maintain or dispose of any original check. This section shall survive the termination of the Remote Deposit Capture service and your account. Periodic Statement. Any deposits made through the Remote Deposit Service will be reflected on your monthly electronic (or paper if requested) account statement. You understand and agree that you are required to notify us of any error relating to images transmitted using the Remote Deposit Capture service per the instructions under the section within this Agreement titled “INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS”. You will be asked to produce the original item and may be asked to complete a written statement in support of your claim. You are responsible for any errors you fail to bring to our attention within such time period. Service and Maintenance. We may periodically audit the Remote Deposit Capture service and infrastructure. From time to time, we may disable the Remote Deposit Capture service without prior notice for scheduled maintenance and upgrades to the system. How to Notify Us in Case of Errors. If you believe there has been an error with respect to any original check or Electronic Image transmitted to us for deposit, please follow the instructions under the section within this Agreement titled “INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS”. You will be asked to produce the original item and may be asked to complete a written statement in support of your claim. Termination of the Remote Deposit Capture Service. You may terminate the Remote Deposit Capture service with us at any time. We reserve the right to terminate your use of Remote Deposit Capture service and/or your account at any time or without cause. We may do so immediately if: a) You or any authorized signer on your account breaches this or any other agreement with us; b) We have reason to believe that there has been or might be an unauthorized use of your account; c) You or any authorized signer on your account requests that we do so; or d) We will no longer be offering the Remote Deposit Capture service. What is Remote Deposit Capture? Remote Deposit Capture is a service that allows you to deposit a check into your Account from anywhere with cellular data connectivity by using the Fair Mobile Application and your smart phone or other mobile device to take and send an Electronic Image of the item. It eliminates the need to deliver the paper item to Fair.
12. USING YOUR CARD/LIMITATIONSBank Account and Card Access: Subject to the limitations set forth in this Agreement, you may use your Card to (1) withdraw cash from your Bank Account (see section labeled “Cash Access”); (2) load funds to your Bank Account (see section labeled “Loading Your Bank Account”); (3) transfer funds between your Bank Accounts; (4) transfer funds from your Bank Account to another Fair customer bank account; (5) purchase or lease goods or services wherever MasterCard debit cards are accepted, and (6) pay bills directly from your Bank Account in the amounts and on the days you request subject to the limits established within this Agreement. Some of these services may not be available at all terminals. There may be fees associated with some of these transactions. For information about the fees, see the section labeled “Fee Schedule.” Limitations on frequency of transfers: For security reasons, we may limit the amount or number of transactions you can make with your Card. Limitations on Use: (1) When using your Bank Account or a registered Card, we may place restrictions on the number of times you may use your Card and the maximum value of any transaction or collective transactions in your Bank Account. (2) We may determine any maximum values by aggregating the activity and value of all Bank Accounts and Card Accounts you may have with us, whether you are a Primary Account / Cardholder or a Secondary Cardholder. Please refer to the table below for the limitations on use of a registered Card. We reserve the right to amend these limits from time to time at our sole discretion or subject to law. Additional limits may apply. Please call us at 844-333-3107 if you have any questions about these limitations on use. Each time you use your Card or attempt a transaction using your Bank Account, you authorize us to reduce the value available in your Bank Account by the amount of the transaction and any applicable fees. You may not exceed the available amount in your Bank Account through an individual transaction or a series of transactions. If any transaction(s) exceeds the balance of the funds available in your Bank Account, you shall remain fully liable to us for the amount of the transaction(s) and any applicable transaction fee(s). You agree to pay us promptly for the negative balance. If you have not added sufficient funds to your Bank Account to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card Bank Account and pursue collection against you, including the right to collect funds, equal to or less than the negative balance, from any other Bank Account(s) you may have with us. In all instances described above, loads to your Bank Account may be made via Direct Deposit or any of the other load methods described in this Agreement. If you do not have enough funds available in your Bank Account, you can instruct the Merchant to charge part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some Merchants do not allow cardholders to conduct split transactions. If you wish to conduct a split transaction and the Merchant permits it, you must tell the Merchant to charge only the exact amount of funds available in your Bank Account to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the Merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a “hold” on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will typically remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card Number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. You may not use your Card Number or the Issuer’s routing number and your assigned Account Number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card or Bank Account, except as otherwise permitted in this Agreement. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold (see the section labeled “Returns and Refunds,” in addition to previous information addressed in this section).
13. PREAUTHORIZED DEBITS AND CREDITSYour assigned Bank Account Number and the Issuer’s bank routing number can be used for arranging both direct deposits and recurring payments to merchants, internet service or other utility providers (“Merchants”). You may also arrange for recurring payments to Merchants using your Card Number or the bill pay services made available through our third-party service providers. If you have arranged to have Direct Deposits made to your Bank Account at least once every sixty (60) days from the same person or company, you can call us at [Phone Number] to find out whether or not the deposit has been made. There may be a fee associated with calling Customer Service. For information about the fee, see the section labeled “Fee Schedule.”
14. RIGHT TO STOP PAYMENT AND STOP PAYMENT PROCEDURES.To stop a recurring payment to a Merchant you have preauthorized to debit your Card Account or Bank Account, you must first contact the Merchant to request the recurring payment be cancelled. If you have arranged for recurring payments to a Merchant using the bill pay services available through our third-party service providers, you should first contact the applicable third-party service provider to cancel the recurring payment. If the Merchant or bill payment service provider with whom you have arranged recurring payments from your Card Account or Bank Account is unable or unwilling to stop your payment, you can call us at 844-333-3107 or write us at: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 to request a stop on such payment. We must receive your request at least three (3) Business Days before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e., one (1), recurring payment. If you want to permanently stop all recurring payments to a specific Merchant, then we require you to put your request in writing and get it to us within fourteen (14) days after you tell us you want to stop such payments. There is a fee associated with each stop payment order you give. For information about the fee, see the section labeled “Fee Schedule.”
15. NOTICE OF VARYING AMOUNTSIf the recurring payments you make might vary in amount, the person you are going to pay will tell you the payment date and the amount of the payment ten (10) days before each payment is scheduled to take place. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
16. LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFERIf you order us to stop a preauthorized payment at least three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses.
17. FRAUDULENT OR CRIMINAL CARD ACCOUNT OR BANK ACCOUNT ACTIVITYWe reserve the right to block or cancel your Card Account or Bank Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to you because of the unavailability of the funds that may be associated with your Card Account or Bank Account.
18. RETURNS AND REFUNDSIf you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card or Bank Account for such refunds and agree to the refund policy of that Merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the Merchant, you must attempt to handle it directly with the Merchant. There may be a delay of up to five (5) Business Days or more from the date the refund transaction occurs until the date the refund amount is credited to your Card or Bank Account.
19. CARD REPLACEMENTIf you need to replace your Card for any reason, please contact us at 844-333-3107 to request a replacement Card. You will be required to provide personal information which may include your Card Number, full name, transaction history, and similar information to help us verify your identity. There is a fee for replacing your Card which is waived for your first replacement each year and does not apply to replacements upon expiration of a card. For information about the fee, see the section labeled “Fee Schedule.”
20. TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
- If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, the amount deducted from your funds will be converted by MasterCard International, Inc. (“MasterCard”) into an amount in the currency of your Card Account. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard itself receives or the government‐mandated rate in effect for the applicable central processing date. This percentage amount is independent of any amount taken by the Issuer in accordance with this Agreement, and,
- If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued or conduct a transaction with a Merchant located outside the U.S., Puerto Rico, the U. S. Virgin Islands, Guam, or the Marianas Islands, the Issuer will deduct a 3.5% foreign transaction fee (“Foreign Transaction Fee”) based on the amount of the transaction, in the currency of your Card Account. The Issuer will retain this fee as compensation for its services.
21. RECEIPTSYou should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.
22. BANK ACCOUNT BALANCE/PERIODIC STATEMENTSYou are responsible for keeping track of the available balance in your Bank Account. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may determine your available balance by accessing your Bank Account online at www.bankwithfair.com; by enrolling in the SMS text alerts service (carrier fees and rates may apply); or by calling 844-333-3107 (There will be a fee for this call. For information about the fee, see the section labeled “Fee Schedule.”). A sixty (60) day history of account transactions is available free of charge at www.bankwithfair.com. Statements in electronic format will also be made available free of charge at www.bankwithfair.com for each month in which a transaction occurs. You will not automatically receive paper statements. You have the right to obtain a sixty (60) day written history of account transactions by calling 844-333-3107, or by writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. There is a fee for obtaining a written history. For information about each of the fees described in this section, see the section labeled “Fee Schedule.”
23. CONFIDENTIALITYWe may disclose information to third parties about your Card Account, Bank Account, or the transactions you make: 1. Where it is necessary for completing transactions. 2. In order to verify the existence and condition of your Card for a third party, such as a Merchant. 3. In order to comply with government agency or court orders, or other legal reporting requirements. 4. If you give us your written permission; or 5. To our employees, auditors, affiliates, service providers, or attorneys, as needed.
24. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONSIf we do not properly complete a transaction to or from your Card Account or Bank Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available in your Bank Account to complete the transaction; 2. If a Merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; 5. If access to your Card Account has been blocked after you reported your Card or PIN lost or stolen; 6. If your Card Account or Bank Account has been blocked or closed by us or by you according to the terms of this Agreement 7. If there is a hold on your funds or your funds are subject to legal process or other encumbrance restricting their use; 8. If we have reason to believe the requested transaction is unauthorized; 9. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 10. Any other exception stated in our Agreement with you.
25. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORSIn case of errors or questions about your Card Account or Bank Account, call us at 844-333-3107, write to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 or email us at [email protected] as soon as possible if you think an error has occurred in your Card Account or Bank Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account or Bank Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 844-333-3107 or writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. You will need to tell us: 1. Your name and Card Number. 2. Why you believe there is an error, and the dollar amount involved; and 3. Approximately when the error took place. If you report the error to us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days of your oral notification. We will attempt to determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty‐five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Bank Account within ten (10) Business Days for the amount you think is in error, -, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Bank Account and may close our investigation. For errors involving new Bank Accounts or Card Accounts, POS transactions, or foreign‐initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Bank Accounts or Card Accounts, we may take up to twenty (20) Business Days to credit your Bank Account for the amount you think is in error. We will tell you the results within three (3) Business Days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error‐resolution procedures, call us at 844-333-3107 or visit www.bankwithfair.com.
26. LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERSIf you believe your Card or PIN has been lost or stolen, or if you feel your Bank Account has been compromised, call 844-333-3107 or write to: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. You should also call the number or write to the address shown here if you believe an electronic fund transfer has been made using the information from your Bank Account, Card, or PIN without your permission.
27. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERSContact us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission, calling us at 844-333-3107 is the best way to minimize your possible losses. You could lose all the money in your Bank Account. Under MasterCard Rules, your liability for unauthorized MasterCard debit transactions on your Card Account is $0.00 if you notify us within two (2) Business Days and you are not grossly negligent or fraudulent in the handling of your Card or PIN. This reduced liability does not apply to PIN transactions not processed by MasterCard or ATM cash withdrawals. If you notify us within two (2) Business Days after you learn of the loss or theft of your Card or PIN, or the compromise or unauthorized access of your Bank Account, you can lose no more than $50.00 if someone used your Bank Account, Card, or PIN without your permission. If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Card or PIN, or the unauthorized access of your Bank Account, and we can prove that we could have stopped someone from using your Bank Account, Card, or PIN without your permission if you had promptly notified us, you could lose as much as $500.00. If your Card or PIN has been lost or stolen, we will deactivate your Card and issue you a new Card to reduce potential losses. We may also close your Bank Account and issue you a new one to help limit your losses and our losses. Also, if you become aware of and/or your electronic history shows transactions that you did not make, including those made by your Card or other means, notify us at once following the procedures stated in the section labeled “Information About Your Right to Dispute Errors” appearing above. If you do not tell us within 60 days of the earlier of the date you electronically access your account, if the unauthorized transaction could be viewed in your electronic history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods for a reasonable period at our sole discretion.
28. THIRD PARTY PROVIDERSWe may have arranged for third party providers to provide products or services to you in connection with your Card or Bank Account (“Third Party Providers”). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third-Party Providers and may be subject to additional requirements of the Third-Party Provider. By agreeing to this Agreement or continuing to use such services, you hereby agree to any Third-Party Provider terms that apply to your use of such products and services in connection with your Bank Account and/or Card, which may be updated from time to time. For avoidance of doubt, these Third-Party Provider terms are between you and the applicable Third-Party Provider, not us.
29. MISCELLANEOUSYour Bank Account, your Card Account, and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Bank Account and Card are subject to all applicable rules and customs of any clearinghouse or other network, or association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of Texas except to the extent governed by federal law.
30. ENGLISH LANGUAGE CONTROLSAny translation of this Agreement is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English language version. The English language version of this Agreement shall govern in the event of any conflict in meaning or translation into any other language.
31. AMENDMENT AND CANCELLATIONWe may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend your Bank Account and/or Card Account or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card (if applicable) to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. In the event your Bank Account and/or Card Account is cancelled, closed, or terminated for any reason, so long as you used your Bank Account and Card Account in accordance with the terms of this Agreement, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.
32. UNCLAIMED PROPERTYIf we are unable to contact you and have no record of your use of your Bank Account and Card for one or more years, applicable law may require us to report any funds in your Bank Account as unclaimed property. If this occurs, we may attempt to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges including, but not limited to a fee to close your Bank Account and Card Account and send a check to the applicable state from such unclaimed funds, as permitted by applicable law. We will comply with unclaimed property laws and appropriately engage in escheatment activities as required by state law.
33. DELIVERY OF ELECTRONIC COMMUNICATIONS-E-SIGN CONSENT DISCLOSUREIn order to electronically review and retrieve the documents related to your account(s) with Fair and delivered to you in connection with this request for consent (Documents), you will first need to review and accept this consent form. With your consent, Fair can deliver the Documents and other disclosures and contracts related to your account(s) to you by displaying or delivering them electronically and requesting that you print or download them and retain them for your records. This notice contains important information that you are entitled to receive before you consent to electronic records and electronic signatures in connection with your account(s) at Fair. Please read this notice carefully and print or download a copy for your files.
- Scope of Communications to Be Provided in Electronic Form. When you activate and use your Bank Account and/or Card or use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to: • All legal and regulatory disclosures and communications associated with your Bank Account, Card Account, and any related products or services; • This Agreement and any notices about a change in terms to this Agreement; • Privacy policies and notices; • Error Resolution policies and notices’ • Responses to claims filed in connection with your Bank Account or Card Account; • Any annual notices or disclosures; and • Notices regarding insufficient funds or negative balances.
34. CUSTOMER SERVICEFor customer service or additional information regarding your Bank Account and/or Card Account, please contact us at: Fair 10101 Southwest Freeway, Suite 570 Houston, TX 77074 844-333-3107 Customer Service agents are available to answer your calls 24 hours per day, 7 days per week, excluding holidays.
35. TELEPHONE MONITORING/RECORDINGFrom time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
36. NO WARRANTY REGARDING GOODS AND SERVICESWe are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or Bank Account.
37. ARBITRATIONPurpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Bank Account, Card Account, or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, crossclaims and third‐party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Bank Account; (ii) Card Account; (iii) the amount of available funds in your Bank Account; (iv) advertisements, promotions or oral or written statements related to any account(s) you maintain with Fair, or goods or services purchased with your Bank Account and Card; and (v) the benefits and services related to your Bank Account and Card; and (vi) your enrollment for any Bank Account and/or Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean Fair, the Issuer, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors, and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any account you maintain with Fair (including, but not limited to merchants who accept the Card or Bank Account, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co‐party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Bank Account and/or Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional Authorized Users and/or Cardholders. Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; or (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
38. SIGNIFICANCE OF ARBITRATIONIF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Bank Account holders, other Cardholders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to the mailing address we have in our records and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1‐16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three‐arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three‐arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Continuation: This Arbitration Provision shall survive termination of your Bank Account and/or Card Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement, or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.
39. FEE SCHEDULEAll fees will be withdrawn from your Bank Account, unless described elsewhere in this document, and will be assessed as long as there is a remaining balance in your Bank Account, except where prohibited by law. Any time your remaining Bank Account balance is less than the fee amount being assessed, the balance of your Bank Account will be applied to the fee amount. Refund Policy: The Membership Fee and Card Purchase Fee, if applicable, are considered earned when paid and are NOT refundable. Please call Customer Service at 844-333-3107 with questions about our refund policy or any fees. Refunds are at par.
|Membership Fee||Users may choose the option that is best for them.||The fee is to enroll you with Fair and to provide access to Fair services and products.|
|Monthly Membership Fee||$6.99 Monthly recurring||This fee is charged each calendar month, on or about the same day it began, to maintain your membership with Fair. Unless you have provided a debit or credit card you wish to use, the fee will be charged to the balance of your Card Account. If your Card Account has insufficient funds, we may collect the fee from any other account you have with us including but not limited to Supplemental Card Account or Wealth Building Account. This fee is not charged to Lifetime Members.|
|Annual Membership Fee||$69.00 Annually recurring ($14.88 cheaper than monthly)||This fee is charged each calendar year, on or about the same day it began, to maintain your membership with Fair. Unless you have provided a debit or credit card you wish to use, the fee will be charged to the balance of your Card Account. If your Card Account has insufficient funds, we may collect the fee from any other account you have with us including but not limited to Supplemental Card Account or Wealth Building Account.
This fee is not charged to Lifetime Members.
|Card Purchase Fee||$0.00||This is the fee that we charge to purchase your Card.|
|Activation Fee||$0.00||This is the fee charged to activate your Card, so it is available to use.|
|Monthly Maintenance Fee||$0.00||This is a monthly maintenance fee for maintaining your Card Account and for your Card usage. The Monthly Maintenance Fee will start to be assessed to your Card Account after you activate and load your Card Account for the first time and then every month thereafter. The Monthly Maintenance Fee is charged on the 15th day of every month. If you load your Card Account for the first time on the 15th day of the month, please be aware that the Monthly Maintenance Fee may be charged on the same day as your first load. Otherwise, the Monthly Maintenance Fee will be charged on the 15th of every month starting after your first load.|
|Direct Deposit Load||$0.00||This is the fee to load your Card Account with direct deposit.|
|Cash Load via a GreenDot® MoneyPak®||Up to $4.95 (Additional POS reload network fee may apply)||This is the fee that we charge to load your Card Account at a retail POS location using your Card. Additional POS reload network fees may apply – we do not control the reload network fees. Be sure to ask the POS location that is loading your Card Account if they charge a separate fee.|
|Remote Deposit Capture (Mobile Check Deposit)||$0.00||This is the fee that we charge to load your account with a scanned image of a check using our Remote Deposit Capture Service|
|Card to Card Transfer – Debit||$0.00||This is the fee you pay to transfer funds to another Fair cardholder.|
|Card to Card Transfer – Credit||$0.00||This is the fee you pay to receive funds from another Fair cardholder.|
|Spend or Withdraw Money Within the U.S.|
|POS PIN Purchase – Domestic||$0.00||This is a Point of Sale (“POS”) debit purchase, where you are required to enter a PIN.|
|POS PIN Purchase with Cash Back – Domestic||$0.00||This is a Point of Sale (“POS”) debit purchase with cash back, where you are required to enter a PIN.|
|POS Signature Purchase – Domestic||$0.00||This is a POS credit purchase, where you are required to sign a receipt.|
|ATM Withdrawal – Domestic||$0.00||(Additional ATM Surcharge Fee may apply) This is the fee you pay to withdraw funds from an ATM in the U.S. The ATM owner/operator may charge an additional fee (typically called an “ATM Surcharge Fee”) not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.|
|Bank Teller Cash Withdrawal||$0.00||This is the fee you pay to get funds from a bank teller withdrawal. Please note that the individual bank that you withdraw the funds from may charge a separate fee. Fair does not control the fees that individual bank tellers may charge for this service. Please check with your bank teller location to understand their fees before withdrawing funds.|
|Card to Bank Transfer||$0.00||This is the fee you pay for transferring money from your Card Account to your bank.|
|Remittance Withdrawal||$0.00||(Additional Remittance Company Fee may apply) This is the fee you pay to send funds to an individual through a licensed money transmitter (“Remittance Company”) such as Western Union. The Remittance Company may charge a fee in addition to this fee. Be sure to ask the Remittance Company if they charge a separate fee.|
|Online Merchant Payment||$0.00||(Additional Merchant or Service Provider Fee may apply) This is the fee for making payments to a merchant or service provider online (for example, paying your mobile phone bill, utility bill, car payment, etc.), typically through the merchant’s or service provider’s online payment portal. The merchant or service provider may charge a separate fee for using their payment portal. We do not control the merchant or service provide fee. Be sure to check with the merchant or service provider to determine if they will assess a separate fee.|
|Bill Payment – Electronic||$0.00||This is the fee to make an electronic payment to a third party utilizing our service provider’s online bill payment service.|
|Bill Payment – Paper Check||$0.00||This is the fee to make a payment to a third party via a physical check utilizing our service provider’s online bill payment service.|
|Expedited Bill Payment||$6.00||This is the fee to make an ACH payment to a third party in one Business Day (availability may be limited) using our service provider’s online bill payment service.|
|Spend or Send Money Outside the U.S.|
|POS PIN Purchase – International||$0.00||This is a POS debit purchase made outside of the U.S. where you are required to enter a PIN.|
|POS PIN Purchase with Cash Back – International||$0.00||This is a POS debit purchase with cash back made outside of the U.S. where you are required to enter a PIN.|
|POS Signature Purchase – International||$0.00||This is a POS credit purchase made outside of the U.S. where you are required to sign a receipt.|
|ATM Withdrawal – International||$0.00 (Additional ATM Surcharge Fee may apply)||This is the fee you pay to withdraw funds from an ATM outside of the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.|
|International Funds Transfer (Remittance) Account-to-Account||$0.00||This is the fee you pay to send money from your account to a person internationally utilizing the NIUM / money remittance service through the NIUM Open Money Global Platform.|
|ATM Balance Inquiry – Domestic||$0.00 (Additional ATM Surcharge Fee may apply)||This is a fee to obtain the balance of your Card Account at an ATM in the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.|
|ATM Decline – Domestic||$0.00 (Additional ATM Surcharge Fee may apply)||This is a fee charged to your Card Account if an ATM transaction is declined at a U.S. ATM machine. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.|
|ATM Balance Inquiry – International*||$0.00 (Additional ATM Surcharge Fee may apply)||This is a fee to obtain the balance of your Card Account at an ATM outside of the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.|
|ATM Decline – International*||$0.00 (Additional ATM Surcharge Fee may apply)||This is a fee charged to your Card Account if an ATM transaction is declined at an ATM outside of the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.|
|Customer Service IVR Call||$0.00||This is the fee for automated, interactive voice recognition support.|
|Customer Service Live Agent Call||$0.00||This is the fee for live customer support calls.|
|Replacement Card -Lost or Stolen||$0.00 – first replacement each year for each card number $4.95 – subsequent replacements||This is the fee to replace a lost or stolen card through regular mail service (average of 7-10 Business Days).|
|Replacement Card -Expiration||$0.00||There is no fee for a new card when your card expires. A new card will be sent in advance of the expiration date.|
|Replacement Card – Expedite||$35.00||This is the fee to replace a lost or stolen card and receive it in approximately 2 Business Days.|
|Additional Card or Card for Secondary Cardholder – Same Card Account||$0.00||This is the fee to order an additional Card that is attached to the same account. Only one (1) additional Card may be ordered for each Card Account.|
|Closed Account Check Issue Fee||$0.00||This is the fee you pay to close your account and receive any Excess Funds by check.|
|Paper Account Statement||$0.00||This is the fee to have a paper statement printed and mailed to you. If you are requesting a paper statement to review your Card Account for a potential error, to report an error on your Card Account, or dispute a transaction, please let the Customer Service Representative know so this fee can be waived or refunded.|
|Currency Conversion Fee||0.00||This is the fee you pay in addition to the MasterCard Currency Conversion Fee for converting a transaction in U.S. Dollars to another currency or for converting a transaction in another currency to U.S. Dollars. This fee is in addition to the MasterCard Currency Conversion Fee.|
|Replace Expired Card||$0.00||This is the fee to replace your Card when your existing Card expires.|
|Bill Pay Stop Payment Fee||$0.00||This is the fee you pay to place a stop payment on a Bill Payment transaction.|
|ACH Debit Stop Payment Fee||$0.00||This is the fee you pay to place a stop payment on an ACH Debit or preauthorized transfer transaction.|
|Paper Statement Review||$0.00||This is the fee to have a Customer Service Representative review your statement or transaction history with you.|
|Remote Deposit Capture Returned Item Fee||$35.00||This is the fee that we charge to recover or represent an item that was deposited utilizing the Fair Remote Deposit Capture Service and will apply EACH TIME an item is returned or returned not paid.|
WEALTH BUILDING ACCOUNT AGREEMENT
- Our Agreement.
This agreement contains the Wealth Building Account Agreement (the “Agreement”) for the optional Wealth Building account (“Wealth Building Account”) made available to eligible consumers by Coastal Community Bank, Everett, Washington, member of the Federal Deposit Insurance Corporation (“FDIC”) (the “Coastal Bank,” the “Bank,” or “Issuer”) on behalf of FAIR FinTech, Inc. (“Fair”). Fair is the program partner responsible for managing the Wealth Building Account and its related Spending Account, defined below. “We,” “our,” and “us” refer to the Bank, our successors, affiliates, or assignees. “You,” “your,” and “member” refer to the owner of the Wealth Building Account.
The Spending Account is a demand deposit account available from Coastal Bank. The optional Wealth Building Account is only available to holders of Fair spending accounts (each a “Spending Account”).
The holder of a Fair Account may submit a request to open a Wealth Building Account at the Fair Account website (the “Website”) at bankwithfair.com or by using the Fair mobile banking application (the “Mobile App”). Fair Wealth Building Account is not designed for business use, and we may close the account if we determine it is being used for business purposes. We may refuse to process any transaction(s) we believe may violate the terms of this Agreement.
- Who is eligible for Wealth Building Account?
- The optional Wealth Building Account is available only to citizens and residents of the fifty (50) United States (“S.”) and the District of Columbia who are at least eighteen (18) years of age who are holders of a Fair Spending Account. You must agree to accept electronic, rather than paper statements. This means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (like end-of-year tax forms and electronic statements).
- To open a Wealth Building Account, you must have an active Fair membership and your Fair Spending Account must be open and active with a balance of at least $1.00.
- We may use information from third parties to help us determine if we should open the Wealth Building Account.
- Wealth Building Account Titling and Ownership. A Wealth Building Account may only be owned and titled in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Wealth Building Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).
- Death or Incapacitation. You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from the Wealth Building Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions involving the Wealth Building Account on or before the date of death for up to ten (10) days after that date unless ordered to stop by someone claiming dividends in the Wealth Building Account. We may require additional documentation to confirm any claims made on the Wealth Building Account.
- Our Relationship With You. This Agreement and the deposit relationship do not create a fiduciary relationship.
- Who is eligible for Wealth Building Account?
- General Rules Governing Wealth Building Accounts
The Wealth Building Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Wealth Building Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.
- Deposits to the Wealth Building Account. You may make deposits to the Wealth Building Account by transferring funds from your Spending Account using the Website or the Mobile App. These transfers are referred to as “Online Transfers.”
See the paragraph labeled “b. Transaction Limitations” in Section 4 for additional details about deposits.
- Withdrawals from the Wealth Building Account. You may withdraw funds from the Wealth Building Account by transferring funds to your Spending Account using the Website or the Mobile App. These transfers are referred to as “Online Transfers.” Federal regulations limit the number of Online Transfers from the Wealth Building Account to six (6) per statement cycle. Any transfers initiated from the Wealth Building Account to the Spending Account after the sixth transfer via the Website or Mobile App will be blocked until the start of the next statement cycle. At the beginning of the next statement cycle, access to transfer from the Wealth Building Account will be restored to six (6) for that cycle. We reserve the right to require seven (7) days written notice before you withdraw money from your Wealth Building Account.
- Preauthorized Transfers. The account number of the Wealth Building Account cannot be used for preauthorized direct debits (“ACH Debits”) from merchants, Internet service or other utility service providers (“Merchants”) or for the purpose of initiating direct deposits to the Wealth Building Account. If presented for payment, ACH Debits and direct deposits will be declined and payment and deposits to or from the Merchant or deposit provider will be returned.
- Right to Set Off. If the balance of your Spending Account should become and then remain negative for fifteen (15) days, the funds (if any) in your Wealth Building Account may be used to repay the negative balance. This means we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.
- Legal Processes Affecting Wealth Building Accounts. If legal action such as a garnishment, levy, or other state of federal legal process (“Legal Process”) is brought against the Wealth Building Account, we may refuse to permit (or may limit) transfers from it until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy, or other state or federal process, we have first claim to any and all funds in your Wealth Building Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds for a transfer you have authorized. Payment is made after satisfying any fees, charges, or other debts owed to us. You agree that you are responsible for any expenses, including reasonable legal expenses and fees we incur due to any Legal Process affecting your Wealth Building Account. We may charge these expenses to your Wealth Building Account. You will indemnify us for any losses if we do this.
- Account Inactivity. A Wealth Building Account with a zero balance or no customer-initiated activity for nine (9) continuous months is considered inactive and is subject to closure. For purposes of this paragraph, customer-initiated activity includes any Online Transfers you make to or from the Wealth Building Account. For additional details about closing the Wealth Building Account, see the paragraph labeled “6. Amendment and Cancellation” in Section D.
- Electronic statements are available to view and print at bankwithfair.com. Wealth Building Account statements are considered to be correct. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. You also have a right to obtain a sixty (60) day history of your Wealth Building Account transactions by calling 1 (844) 333 3107. You will not automatically receive paper statements.
- Funds Availability. Funds which are moved into a Wealth Building Account are not included in the calculation of a Fair primary account holder’s Fair spending account available balance. Purchases or transfers from the Fair spending account may overdraft or be declined even if there are funds in a Wealth Building Account. Transfers to or from a Wealth Building Account will be reflected immediately on the respective account balances.
- Amendment and Cancellation. We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement at com, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available at bankwithfair.com. You will be notified of any amendment(s) in the manner provided by applicable law thirty (30) days prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes, we can implement it without prior notice.
We may cancel or suspend your Wealth Building Account or this Agreement at any time. You may cancel this Agreement by calling 844-333-3107 to close your Wealth Building Account. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.
If your Wealth Building Account is cancelled, closed, or terminated for any reason, any remaining balance will be transferred to your Spending Account. If your Wealth Building Account is closed prior to the end of the statement cycle, any accrued dividend yield for that cycle will be forfeited. Once the Wealth Building Account is closed, you cannot request a new Wealth Building Account for ninety (90) days.
IMPORTANT: If your Spending Account is closed for any reason, the Wealth Building Account will automatically be closed. Upon closure, any remaining funds in the Wealth Building Account, including any dividend payments due to you, will be aggregated with the remaining funds in your Spending Account.
If your Wealth Building Account is cancelled, closed, or terminated for any reason, and you are still eligible to open a Wealth Building Account, you may apply for a new Wealth Building Account. You will not be eligible to apply for a new Wealth Building Account until ninety (90) days after the date of closure. Only one active Wealth Building Account is allowed per customer.
- Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction between your Wealth Building Account and your Spending Account on time or in the correct amount according to our Agreement with you; we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, you do not have enough funds available in your Wealth Building Account to complete the Online Transfer;
- If access to your Wealth Building Account or Spending Account has been blocked after you reported your Card or Spending Account or Wealth Building Account number lost or stolen;
- If there is a hold on either your Wealth Building Account or Spending Account or your funds are subject to legal or administrative process or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- Any other exception stated in our Agreement with you.
- Confidentiality. We may disclose information to third parties about your Wealth Building Account or the transactions you make:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your Wealth Building Account for a third party;
- In order to comply with government agency, court order, or other legal or administrative reporting requirements;
- If you consent by giving us your written permission;
- To our employees, auditors, affiliates, service providers, or attorneys as needed; or
- Otherwise as necessary to fulfill our obligations under this Agreement.
- Truth in Dividend Account Disclosures
- Opening Deposit and Balance Requirements. There is a one dollar ($1) minimum deposit requirement to open a Wealth Building Account. While there are no minimum or maximum balance requirements, a Wealth Building Account with a zero (0) balance for nine (9) continuous months will be subject to closure. See the paragraph labeled “9. Amendment and Cancellation” in Section C above for additional details.
- Transaction Limitations
- DEPOSITS to the Wealth Building Account may be made from your Spending Account at the Website or by using the Mobile App. Applicable limits are outlined in the Online Transfer Limits table below.
- WITHDRAWALS may only be made via Online Transfer from the Wealth Building Account to your Spending Account. Federal regulations limit the number of Online Transfers from the Wealth Building Account to six (6) per statement cycle. Any transfers initiated from the Wealth Building Account after the sixth transfer will be blocked until the start of the next statement cycle.
Online Transfer Limits
Frequency and/or Dollar Limits
No limits to the number of times per statement cycle and no maximum dollar limit
Up to Six (6) per statement cycle with no maximum dollar limit.
- Rate Information. The current Wealth Building Yield (“WBY”) for the Wealth Building Account is tiered based on the balance in your account and may be up to but shall not exceed flat rate payments equal to 4.00% of your total Wealth Building Account balance, as it appears in the Dividend Rate Schedule shown below. This is a variable rate account. We may, at our discretion, change the dividend rate and WBY for the Wealth Building Account at any time. Dividends begin to accrue no later than the business day the deposit is applied to the Wealth Building Account. Dividends will be calculated based on the average daily balance and credited to the customer’s Wealth Building Account on a monthly basis.
Dividend Rate Schedule
Dollar Amount Held in Wealth Building Account
Wealth Building Yield
$0.00 – $9,999
Up to 2.00%
$10,000 – $24,999
Up to 3.00%
Up to 4.00%
- Balance Information. Wealth Building Account dividends are calculated using the average daily balance calculation method. This method applies a daily periodic rate to the average daily principal balance in the Wealth Building Account each month. There are no minimum or maximum balance restrictions on the Wealth Building Account.
- Miscellaneous Disclosures
- Managed Investment Account. Funds moved to a Wealth Building Account are pooled in an investment account which is held and managed by Fair Invest, LLC, a Delaware limited liability company (“Fair Invest”).
- Not FDIC Insured. Although Fair will not transfer losses on the pooled investment account to customer accounts these accounts are NOT FDIC INSURED and are subject to possible loss.
- SIPC Insured. Fair Invest accounts in Apex Custodian accounts are covered by SIPC insurance.
- Additional Terms and Conditions. See Fair’s Cardholder Agreement for other important terms and conditions which apply to Wealth Building Accounts.
This Agreement is effective 09/02/2021
Investment and lending products are provided by Fair Invest, LLC, a registered investment advisory firm with the Securities and Exchange Commission. Custodial and brokerage services are provided by Apex Clearing Corporation, a member of the New York Stock Exchange (https://www.nyse.com/), FINRA (https://www.finra.org/), and SIPC (http://www.sipc.org/).
Please note that these products are:
- Protected by SIPC insurance for Fair Invest, LLC accounts on APEX Platform, not by FDIC insurance. SIPC insurance covers customer claims up to $500,000, with a maximum of $250,000 for cash claims. For details, see www.sipc.org
- Not a deposit or other obligation of, or guaranteed by Coastal Community Bank, Member FDIC, or any bank affiliate
- Subject to risk including possible loss of invested principal. This risk is assumed by Fair Invest, LLC so member’s invested principal will not be impacted by such losses. For details, see https://bankwithfair.com/terms-conditions/